REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE BUREAU OF IMMIGRATION MAGALLANES DRIVE, INTRAMUROS 1002 MANILA, IMMIGRATION MEMORANDUM CIRCULAR No. SBM-2015-__10 BUREAU OF IMMIGRATION OMNIBUS RULES OF PROCEDURE OF 2015 WHEREAS, there is a need to consolidate existing guidelines on deportation and lay down the rules on cancellation of visas and other related proceedings for consistency and to remove overlaps; NOW, THEREFORE, pursuant to the rule-making authority of the Commissioner of Immigration under Section 3 of Commonwealth Act No. 613, as amended, the following Bureau of Immigration (BI) Omnibus Rules of Procedure of 2015 are hereby promulgated to govern legal proceedings in the Bureau of Immigration: PARTI PRELIMINARY CONSIDERATIONS RULE1 GENERAL PROVISIONS Section 1. Title. — These Rules shall be known and cited as the “BI Omnibus Rules of Procedure of 2015”. Section 2. Scope. — These Rules shall apply to legal proceedings in the Bureau of Immigration involving: (i) deportation; (ii) cancellation of visa; (iii) inclusion/lifting of name/s in the BI derogatory list; and (iv) issuance of Allow Entry Order (AEO) or Allow Departure Order (ADO). Section 3. Applicability of the Rules of Court. - In the absence of any applicable provision in these Rules, the Rules of Court shall apply in suppletory manner. Section 4. Documents to Support Complaint, Petition, Request. — Any complaint, petition, request, pleading and motion filed by any interested party shall contain as annexes such documents as he may deem supportive of his allegations. Section 5. Certification for Initiatory Pleading and Proof of Payment. — The complainant, petitioner or requesting party shall certify under oath in the complaint, petition or other pleading initiating a proceeding covered by these Rules, or in an annexed sworn certification PATRIOTISM + INTEGRITY « PROFESSIONALISMBI Omnibus Rules of Procedure of 2015, Page 2 of 29 Feeoacnee ess that: (i) to the best of his knowledge, no other action or claim involving the Respondent is pending in any court, tribunal, or quasi-judicial agency; (ii) if there is such other pending action or claim, a complete statement of the present status thereof; and (iii) if he should thereafter learn that such action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the BI. Proof of payment of filing fees and other applicable fees and charges shall be attached to the initiatory pleading. Section 6. Prohibited Pleadings. — The following pleadings are prohibited: Motion to dismiss, except on the ground of lack of jurisdiction; . Motion for bill of particulars; . Petition for relief from judgment; . Motion for extension of time to file answer, memorandum position paper or other written submissions, except for exceptionally meritorious grounds; e. Motion for postponement, except for exceptionally meritorious grounds; f. Intervention; - Motion to hear affirmative defenses; and . Any pleading or motion which has the same or similar effect as of the foregoing. peop poe The submission of the prohibited pleadings shall be considered as the Respondent’s Answer to the complaint/petition. Section 7. Construction. — These Rules shall be liberally construed to promote a just, speedy and inexpensive disposition of every action and proceeding covered herein. Section 8. Modes of service. — Service of judgments, including notices, orders and other papers from the BI, shall be made either through: (@ personal service through an authorized BI personnel; (ii) registered mail in accordance with Rule 13, Sec. 13 of the Rules of Court; or (iii) through an authorized private courier. Section 9. Jurisdiction. — Subject to the exercise of the powers vested upon the President and/or the Secretary of Justice, decisions in the legal proceedings on deportation and cancellation of visa shall be rendered by the Board of Commissioners (BOC). The BOC shall convene and act as a collegial body in rendering a decision. The Commissioner or in his absence, the Acting Commissioner, shall serve as Chairman thereof. ‘The decision of the majority shall prevail. The presence of the Chairman and one (1) Member shail constitute a Page 2 of 29BI Omnibus Rules of Procedure of 2015 Page 3 of 29 — x quorum. The BOC shall meet in such regularity as may be determined by the Commissioner. PART IT PROCEDURE IN DEPORTATION RULE 2 COMMENCEMENT OF DEPORTATION PROCEEDINGS Section 1. Deportation defined. — Deportation is an act by or under the authority of the State of removing a foreigner from Philippine territory. It applies to a foreigner whose presence in the Philippines is found to be injurious to national interest, public health, public safety and public interest. Section 2. Nature and Conduct. — Deportation proceedings are administrative in character. Subject to the requirement of due process, the deportation proceedings shall be conducted for the purpose of ascertaining the truth without necessarily adhering to technical rules of judicial proceedings. Section 3. Who may be Deported. — An action for deportation may be commenced by a verified complaint in the name of a private citizen or the Republic of the Philippines against any foreigner for grounds as provided for by relevant laws. Section 4. Initiation of Action for Deportation. — An action for deportation may be commenced against any foreigner for grounds as provided for by relevant laws. All complaints shall be filed with the Office of the Commissioner (OCOM), through the Central Receiving Unit (CRU), in two (2) copies plus such number of copies as there are respondents. The CRU shall docket the complaint and assign the corresponding docket number as follows: “BI Depo. No. Year-Month-Date-Series Number”. All complaints shall be chronologically docketed in the order of the date that the same are filed and received. Section 5. Sufficiency in Form of Complaint. — Complaint filed by private persons shall be under oath. If filed through counsel, the same shall be verified. The Complaint shall state: (i) the full name of the complainant and his postal address; (ii) the name of the Respondent foreigner, his known alias/es, if any, his given or last known address; and (iii) a concise statement of the ultimate facts constituting the deportation offense alleged to have been committed. The Complaint shall contain as annexes such documents and papers that the Complainant deems as supportive of his allegations. Page 3 of 29